Terms and Conditions Mo Tiles

Definitions

  1. Mo Tiles: located at Churchill-laan 82 BG, 1078 EL in Amsterdam, Chamber of Commerce nr. 71688374.
  2. Customer: with whom Mo Tiles has entered into an agreement.
  3. Parties: Mo Tiles and customer together.
  4. Consumer: a client who is also an individual acting as a private person.

Applicability of General Terms and Conditions

  1. These terms and conditions shall apply to all orders, deliveries, work, offers, agreements and quotations of products by or on behalf of Mo Tiles.
  2. The parties may only deviate from these terms if they have expressly agreed to this in writing.
  3. The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.

Prices

  1. All prices charged by Mo Tiles include VAT.
  2. All prices charged by Mo Tiles for its products on its website or which are otherwise made known, Mo Tiles Tiles may change them at any time.
  3. Any increases in the cost price of products or parts thereof that Mo Tiles Tiles could not foresee at the time of the offer or the conclusion of the agreementmay give rise to price increases.
  4. The consumer shall be entitled to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

Samples and Models

If a customer has received a sample or model of a product, he/she cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model. If a customer has received a sample or model of a product, he/she cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.

Payments and Payment Term

  1. Products are paid for directly in the store.
  2. The total amount shown on the shopping cart, quotation or invoice is final and includes the prices of the products ordered, their processing, packaging materials and transportation.
  3. All prices and transportation costs for consumptive sales are stated in euros including VAT. Non-consumptive sales may be subject to different provisions regarding VAT.
  4. There is no VAT refund.
  5. If the customer has not paid the agreed amount on the last day of the payment period, he/she shall be, in default by operation of law without Mo Tiles Tiles having to send the customer a reminder or give him/her notice of default.
  6. Mo Tiles reserves the right to make a delivery subject to immediate payment or to require a security for the total amount of the product or service.

Consequences of non-timely Payment

  1. If the customer fails to pay on time, Mo Tiles may suspend its obligations until the customer has fulfilled his/her payment obligation.
  2. If the customer refuses to cooperate in Mo Tiles, Tiles' performance of the agreement, he/she shall still be obliged to pay Mo Tiles the agreed amount.

Right of Withdrawal

  1. When purchasing products , the customer may dissolve the contract without giving reasons within 14 days. This cooling-off period commences on the day after receipt of the product by the customer or a representative designated in advance by the customer and Tiles made known to Mo Tiles.
  2. During the cooling-off period, the customer shall handle the product and its packaging with care. The customer shall only unpack or use the product to the extent necessary to assess whether the customer wishes to keep the product.
  3. If the customer exercises his right of withdrawal, the customer shall return the product to Mo Tiles with all the accessories delivered and - if reasonably possible - in the original condition and packaging, Tiles within 14 days of receiving the return instructions from Mo Tiles.
  4. If the customer exercises his or her right of withdrawal, he/she shall bear at most the costs of return shipment.
  5. If the customer has paid an amount, Mo Tiles will refund this amount as soon as possible: at the latest within 14 days after the return or withdrawal.

Transfer of Risk

The risk of loss of or damage to the products that are the subject of the agreement is transferred to the customer at the time they are delivered to the customer and thereby brought into the control of the customer or a third party to be designated by the customer.

Warranty

  1. Mo Tiles warrants that the goods ordered shall comply with the usual quality and expectations so that they satisfy the description as made on the website and at the time the order was placed.
  2. No warranty shall apply to goods of which it is clear that a) the unserviceability has been caused by improper use or b)the customer or third parties have made or attempted to make changes to the goods without Mo Tiles knowlegde or written consent c) if the goods have been used for purposes for which they were not intended.
  3. Mo Tiles Mo Tiles assumes no liability for the setting up of the tiles on the mini easel by customers. Nor shall it be liable for other possibilities of use or application of the tiles by customers. Nor shall it be liable voor andere mogelijkheden van gebruik of aanbrengen van de tegels door klanten.

Receipt

  1. Once the ordered products have been delivered, or at least within as short a period as possible, the customer must check that everything is in order. The customer must check whether both the quality and the quantity of the delivered goods are in accordance with what was agreed, or at least meet the requirements that apply to them in normal trade.
  2. Any visible deviations and/or shortcomings must be reported MoTiles with a clear description and with visual material thereof within 48 hours by e-mail, stating the order number,so that Mo Tiles can respond adequately.
  3. If the customer wishes to return the aforesaid products for this reason, the customer must contact Mo Tiles: see Returns. These can only be returned at the customer's own expense if Mo Tiles has given its written consent.

Delivery

  1. Mo Tiles will make every effort, once the order has been accepted and it has received confirmation of payment, to have the goods delivered to the address clearly indicated by the customer.
  2. Orders will be delivered by an external party.
  3. Costs for delivery will be borne by the customer. If you are not present during the scheduled delivery of a large number of tiles, additional costs will be charged for a new delivery appointment.
  4. The shipping costs are charged by the Dutch State with the then current VAT rate.
  5. If the customer refuses to take delivery of the items or fails to provide instructions or information regarding their delivery, any additional costs for a new delivery or storage of these items will be borne by the customer.
  6. Any delivery date that may MoTiles be mentioned by to Mo Tiles can be subject to change.

Shipment and Packaging

  1. If the packaging of the delivered product has been opened or damaged, the customer must have a note made by the delivery person before taking delivery of the product, failing which Mo Tiles cannot be held liable for any damage.
  2. If the customer takes care of the transport of a product himself, he/she must report any damage to the product to Mo Tiles before the transport takes place. Failing to do so, Mo Tiles niet aansprakelijk worden gehouden voorr any damage.

Copyright

  1. Mo Tiles all rights and powers vested in it with respect to intellectual property provisions.
  2. The design of the image on the tiles and the Webshop, are the property of Mo TilesThis also applies to the material made available to the customer or third parties, unless otherwise agreed in writing.
  3. Should the above items be used by the customer, then only by him/her MoTiles made public or brought to the knowledge of third parties without MoTiles' prior written consent.

Liability

  1. If Mo Tiles is liable for any damage, this shall apply only to direct damage arising from or in connection with the performance of an agreement.
  2. Should any items MoTiles geleverde zaken niet in de juiste staat verkeren, dan is de aansprakelijkheid van Mo Tiles.
  3. If Mo Tiles is responsible for consequential damages, Mo Tiles' liability Tiles to replacing such good(s) or refunding the purchase price.
  4. The customer is personally responsible for his or her choice of products. Mo Tiles not be liable if any damage incurred is due to intentional acts, culpability and/or imputable actions, or to injudicious or improper use by the customer..
  5. Mo Tiles shall not be liable for any incorrect or delayed processing of order data of and communications to the customer as a result of the use of the Internet or any other means of communication in the traffic between the customer and Mo Tiles and any damage resulting therefrom. Tiles Mo Tiles shall not be liable for any incorrect or delayed processing of order data of and communications to the customer as a result of the use of the Internet or any other means of communication in the traffic between the customer and Mo Tiles and any damage resulting therefrom.

Force Majeure

  1. Neither Mo Tiles nor the customer shall be obliged to comply with any obligation if they are hindered therein as a result of circumstances that are not due to any fault on their part on their part and that can not be attributed to them on the basis of the law, a legal act or generally accepted views.
  2. In these general terms and conditions, force majeure shall, in addition to the provisions of the law and the case law, mean all external causes, foreseen or unforeseen, over which Mo Tiles cannot exercise any control, but which nevertheless prevent Mo from Tiles fulfilling its obligations.
  3. MoTiles shall also reserve the right to invoke force majeure should circumstances as described above occur after MoTiles should have fulfilled its obligations.
  4. If Mo Tiles , in case of force majeure, has the possibility to deliver another good, the customer can return the good and receive another delivery. The costs of shipment shall be borne by the buyer.

Indemnification

  1. The customer shall indemnify Mo Tiles against third-party claims if they relate to intellectual property rights on materials or data provided by the customer, which are used in the execution of the order.
  2. The customer shall also guarantee that any information carriers, electronic files, software, etc. provided to Mo Tiles are free of viruses and defects.

Complaints

Complaints should be submitted to the address of Mo Tiles : Churchill-laan 82 BG 1078 EL Amsterdam (The Netherlands).

Disputes

The District Court of Amsterdam has exclusive jurisdiction to take cognizance of disputes.

Applicable Law

Any agreement between Mo Tiles and its customers shall be governed by Dutch law.

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